Chidhambaram v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Chidambaram ... Petitioner /vs./ 1.The District Collector, District Collector Office, 2.The Superintendent of Police, Superintendent of Police Office, 3.The Sub-Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

4.Senthilkumar 5.G.Sivaprakasam 6.Ramasamy 7.G.Muniyandi 8.V.Annadurai 9.G.Madasamy 10.B.Anandhaguru 11.P.Nambivinayagam 12.K.Muniyandi 13.A.Gurunathan 1/6

14.M.Sivaprakasam 15.G.Thavamani 16.K.Rajendran @ Gurusamy 17.Muniyandi 18.S.Annadurai 19.S,Muniyandi 20.S.Velmurugan 21.Sundramoothy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to take action against the respondents 4 to 21 for excommunicating the petitioner and her children from their own nature village based on the petitioner's representation dated 09.06.2023.

For Petitioner : Mr.K.Gokul For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (criminal side) For R4 to R21 :Mr.S.Muniyandi

ORDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a Mandamus to the respondent Nos.1 to 3 police to take action against the unofficial respondent Nos.4 to 21 for excommunicating the petitioner from the village.

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2.It is submitted by the learned counsel for the petitioner that there are disputes between the petitioner and the unofficial respondent Nos.4 to 21 in respect of a chit being run by administrative committee. The petitioner has filed a complaint before the respondent police on 09.06.2023 for excommunicating him from entering into the village and the temple. 3.Mr.S.Muniyandi, learned counsel appearing for the unofficial respondent Nos.4 to 21 submits that when the petitioner was the President for the year 2020 to 2022, the villagers have deposited with him an amount of Rs.93,00,000/- to be spent for the welfare of the village, however the petitioner has misappropriated an amount of Rs.11,00,000/-, thereby the unofficial respondent Nos.4 to 21 demanded him and not excommunicating the petitioner and that they wanted the petitioner to come back to the village, and pay the money and submitted that the unofficial respondent Nos.4 to 21 have not filed any complaint against the petitioner before the police.

4.The learned Government Advocate (Crl.side) submits that the representation of the petitioner is registered as C.No.G3/28189/4556/2023 dated 3/6

13.06.2023 and an enquiry is being initiated and within short time, the police will complete the investigation and take appropriate action. 5.Considering the submissions made by the learned counsel on either side including the unofficial respondent Nos.4 to 21 and on perusal of the records, this Petition is disposed of directing the respondent police to dispose of the representation of the petitioner dated 09.06.2023 as quickly as possible, not later than two weeks from the date of receipt of a copy of this order. The respondent police are further directed to take appropriate action against the unofficial respondent Nos.4 to 21, in case if it is established that they are practising excommunication against the petitioner. No costs. Speaking : Yes / No 30.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The District Collector, District Collector Office, 4/6

2.The Superintendent of Police, Superintendent of Police Office, 3.The Sub-Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

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DR.D.NAGARJUN, J.

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